Common use of Designation, Amount and Issuance of Notes Clause in Contracts

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “4.500% Convertible Senior Notes due 2024.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is $80,000,000. From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09, 2.11, 2.12, 3.06 and 10.02 hereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes in accordance with clause (b) of this Section 2.01. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a) or 2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by reopening this Indenture and issuing additional Notes with the same terms as the initial Notes (except, to the extent applicable, with respect to the issue price, the date as of which interest shall begin to accrue on such additional Notes and as to the Last Original Issue Date with respect to such additional Notes as provided in the proviso to the definition thereof), which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such additional Notes are not fungible with other Notes issued hereunder for federal income tax purposes, then such additional Notes shall have a separate CUSIP number. Prior to issuing any such additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will address any matters required to be addressed under Section 12.04 hereof.

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “4.5007.50% Senior Secured Convertible Senior Notes due 2024.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is twenty-eight million seven hundred fifty thousand dollars ($80,000,00028,750,000). From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09‎2.09, 2.11‎2.11, 2.12‎2.12 and ‎10.02 hereof, 3.06 or delivered upon any redemption or repurchase of Notes and 10.02 hereofrepresenting the un-redeemed or un-repurchased portion thereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes (“Additional Notes”) in accordance with clause (b) of this Section 2.01, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections ‎4.13 and ‎4.16. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a) or 2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by reopening this Indenture issuing Additional Notes, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 and issuing additional Notes 4.16, with the same terms as the initial Notes (except, to the extent applicable, with respect to the issue price, the date as of which interest shall begin issue date, and, to accrue on such additional Notes the extent applicable the first Interest Payment Date, and as to the Last Original Issue Date with respect to such additional Additional Notes as provided in the proviso to the definition thereof), which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such additional Additional Notes are not fungible with other Notes issued hereunder for United States securities laws and federal income tax purposes, then such additional Additional Notes shall have a separate CUSIP numbernumber or numbers. Prior to issuing any such additional Additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will (i) confirm that the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.13 and 4.16 and (ii) address any matters required to be addressed under ‎Section 15.04 hereof. Section 12.04 hereof.2.02.Form of Notes. ‌ ​ ​

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “4.5005.00% Convertible Senior Notes due 20242022.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is $80,000,00092,000,000. From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09‎2.09, 2.11‎2.11, 2.12‎2.12, 3.06 ‎3.06 and 10.02 ‎10.02 hereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes in accordance with clause (b) of this Section ‎Section 2.01. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a‎2.01(a) or 2.05 ‎2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by reopening this Indenture and issuing additional Notes with the same terms as the initial Notes (except, to the extent applicable, with respect to the issue price, the date as of which interest shall begin to accrue on such additional Notes and as to the Last Original Issue Date with respect to of such additional Notes as provided in the proviso to the definition thereof), and with the same or different CUSIP numbers, which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such additional Notes are not fungible with other Notes issued hereunder for federal income tax purposes, then such additional Notes shall have a separate CUSIP number. Prior to issuing any such additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will address any matters required to be addressed under Section 12.04 Sections 12.02 and ‎12.03 hereof.

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “4.5008.00% Senior Secured Second Lien Convertible Senior Notes due 2024Notes.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is ninety-nine million eight hundred ninety-eight thousand dollars ($80,000,00099,898,000). From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09, 2.11, 2.12, 3.06 and 10.02 hereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes (“Additional Notes”) in accordance with clause (b) of this Section 2.01, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.14 and 4.17. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a) or 2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by reopening this Indenture and issuing additional Additional Notes, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.14 and 4.17, with the same terms as the initial Notes (except, to the extent applicable, with respect to the issue price, the date as of which interest shall begin to accrue on such additional Additional Notes and as to the Last Original Issue Date with respect to such additional Additional Notes as provided in the proviso to the definition thereof), which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such additional Additional Notes are not fungible with other Notes issued hereunder for federal income tax purposes, then such additional Additional Notes shall have a separate CUSIP number. Prior to issuing any such additional Additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will address any matters required to be addressed under Section 12.04 15.04 hereof.

Designation, Amount and Issuance of Notes. (a) The Notes will be designated as “4.5007.50% Senior Secured Convertible Senior Notes due 20242021.” The initial aggregate principal amount of Notes to be issued, authenticated and delivered on the Issue Date under this Indenture is sixty-two million six hundred eighty-six thousand dollars ($80,000,00062,686,000). From time to time, the Company may issue and execute, and the Trustee may authenticate, Notes delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.09, 2.11, 2.12, 3.06 2.12 and 10.02 hereof, or delivered upon any redemption or repurchase of Notes and representing the un-redeemed or un-repurchased portion thereof. In addition, the Company may issue an unlimited aggregate principal amount of additional Notes (“Additional Notes”) in accordance with clause (b) of this Section 2.01, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 and 4.16. (b) Without the consent of any Holder, and notwithstanding anything to the contrary in Sections 2.01(a) or 2.05 hereof, the Company may increase the aggregate principal amount of the Notes issued under this Indenture by reopening this Indenture issuing Additional Notes, so long as the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Sections 4.13 and issuing additional Notes 4.16, with the same terms as the initial Notes (except, to the extent applicable, with respect to the issue price, the date as of which interest shall begin issue date, and, to accrue on such additional Notes the extent applicable the first Interest Payment Date, and as to the Last Original Issue Date with respect to such additional Additional Notes as provided in the proviso to the definition thereof), which Notes will, subject to the foregoing, be considered to be part of the same series of Notes as those initially issued hereunder; provided, however, that if any such additional Additional Notes are not fungible with other Notes issued hereunder for federal income tax purposes, then such additional Additional Notes shall have a separate CUSIP numbernumber or numbers. Prior to issuing any such additional Additional Notes, the Company will deliver to the Trustee a Company Order, an Officers’ Certificate and an Opinion of Counsel, which Officers’ Certificate and Opinion of Counsel will (i) confirm that the incurrence of the Indebtedness represented by such Additional Notes is at such time permitted by Section 4.13 and 4.16 and (ii) address any matters required to be addressed under Section 12.04 15.04 hereof.